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| 1. |
Your hearing is before an Administrative Law Judge who hears
Social Security cases. Social Security will not be represented
by a lawyer. There will be no jury or spectators at the hearing.
This is a hearing, not a trial. This is not like Perry Mason
or any TV show you watch. The only people there will be your
representative, the Judge, the Judge’s hearing assistant,
you and any witnesses or friends you bring with you. |
| 2. |
The Judge
may also request either a medical expert (doctor) and/or a vocational
expert to testify at your hearing. The medical expert reviews
your medical records in your case and provides testimony on
how it compares to Social Security’s medical rules and
his/her opinion of your limitations. The vocational expert is
an individual who works helping disabled people return to the
workplace. He/she testifies on what kind of work, if any, could
be done by you with different types of limitations. |
| 3. |
The hearing
usually is in a room with a long table. You will sit at one
end and the Judge sits at a desk at the other end. Your representative
will sit next to you on the left and if a doctor and/or a vocational
expert are present, they will sit on your right. The hearing
assistant sits next to the judge. |
| 4. |
We enter
the room and take our seats. The hearing begins with the Judge
asking the representative some questions and will then ask you
to raise your right hand and swear to tell the truth. After
this, the Judge wills tart asking you questions. After the Judge
has finished his questioning, then your representative will
ask questions that the Judge did not cover. After you have finished
testifying, the Judge will ask the medical expert questions
and the representative may cross-examine the medical expert.
Then, the Judge will ask the vocational expert questions and
the representative may cross-examine the vocational expert.
Usually after this, the Judge will make a statement such that
he/she will review all the evidence and testimony and will send
you a written decision. Hearings usually last about one hour. |
| 5. |
The Judge
will probably not announce a decision at the hearing. Normally,
the decision will come in the mail one to three months after
the hearing date. Occasionally, some judges take longer to issue
a decision. The Judge’s office will mail the original
to you and a copy to our office. |
| 6. |
Do not
dress up for your hearing. Wear what you wear on an average
day. We want the Judge to see you as you normally look every
day around the house. Usually people who do not feel well dress
very comfortably. Do not wear excessive jewelry or wigs. Do
not wear a hat into the hearing. Do not chew gum or have anything
in your mouth during the hearing. |
| 7. |
On the
day of your hearing, take your medicine as you normally do.
Do not double up on your medications no matter how much pain
you are in or how nervous you are, unless your doctor tells
you to do so. |
| 8. |
If you
want to bring a relative or friends with you to the hearing,
you may do so. There is a possibility that your friend or relative
may go into the hearing with you. Some Judges allow spectators
in the hearing and some do not. It also depends if there is
adequate seating in the hearing room. If the friend or relative
is allowed in, you should tell him/her not to answer questions
for you when you testify. Even if you cannot remember or answer
incorrectly, he/she should not interrupt. |
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| 1. |
You
must tell the truth. Do not exaggerate your problems
at the hearing. Do not make your symptoms better or worse than
they are. Tell it like it is. Do not be John Wayne. You are
not there for an award for bravery. If it hurts, testify to
that fact. If you can not do something, testify that you can
not do it. |
| 2. |
Be
specific with your answers. The best way to be specific
is by using numbers. The Judge will ask: How long can you
stand/sit? How far can you walk? How much can you lift? When
you answer these questions use numbers: I can stand/sit for
30 minutes, one hour, three hours or what amount of time you
can remain standing/seated until your symptoms increase to
a point that you must change positions. I can walk ¼
of a block, ½ of a block, one block, three blocks,
one mile or whatever is the correct answer.
Before
you answer how much you can lift, think about what you lift
around your house. A gallon of milk weights about 8 lbs.,
a five-pound bag of sugar, 10-pound bag of potatoes, a 20-pound
bag of fertilizer--bags of garbage and groceries are just
a few examples. Remember, when the Judges ask these questions,
he/she is asking them from the viewpoint of an eight-hour
working day, five days a week. So if you can lift 20 pounds
one day but it causes you to be in bed for the next two days,
your answer should not be 20 pounds. You must be able to do
what you answer on a regular sustained basis in a work-like
setting. The Judge realized that you do not feel the same
way every day. Your answers can be an average or a range of
time. “I can stand from 15 to 30 minutes.” You
can state that you have good days and bad days, and the different
tolerances on each. |
| 3. |
Explain
your answers. For example: “I can only sit for
30 minutes because the pain in my back increases to a point
that I have to move. Sitting for more than one hour causes severe
back spasms which last for hours. On a good day, I can walk
for a block but on a bad day, I have problems walking around
inside my house.” If the Judge asks you if you clean your
home and you simply answer, “Yes,” then the Judge
might assume that if you can clean your house, you could work
cleaning some other person’s house. Therefore, you need
to explain what cleaning you do, whether it is sweeping and
mopping or light dusting or laundry. Also, explain if you have
changed the way you do these tasks. For example: You do smaller
loads of laundry; you no longer us a mop bucket; you use a dust
pan with a long handle. If the Judge asks you if you cook, you
need to explain whether when you fix meals if they are large
meals or sandwiches or if you warm prepared meals in the microwave. |
| 4. |
If
you do not understand a question, tell the Judge you
did not understand and he/she will rephrase it. This will keep
you from giving misinformation to the Judge. |
| 5. |
Good
answers are: “Yes,” “No,” “I
don’t know,” “I don’t remember.” |
| 6. |
The
hearing is tape recorded. This is the official record
of the hearing. Therefore, when you answer questions you must
answer by talking. Do not nod or shake your head to answer.
Do not point to any area on your body—you must verbally
describe it. Examples are, “My right arm, the middle of
my back,” or “The pain goes down my right leg to
my calf.” You must speak loudly and clearly. |
| 7. |
Do
not show the Judge what you can and cannot do. Just
answer the questions. For example, if the Judge asks if you
could make a fist, do not attempt to make the fist, just answer
yes or no and why. |
| 8. |
If
you need to stand up or walk around during your hearing,
do so. You should first ask permission from the Judge, Remember,
if you testify that you can only sit 15 minutes at a time, and
then you sit in agony through a 45-minute hearing, the Judge
will think that you are not telling the truth. |
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| 1. |
After
the hearing is done, wait for your representative outside. The
representative will explain what went on at the hearing and
will answer any questions that you have. The representative
can give you an opinion as to whether you won the hearing or
not. The decision is not final until you receive the written
decision. |
| 2. |
Again,
the Judge usually will not announce a decision at the hearing.
We will get it in the mail usually one to three months after
the hearing date. The Judge’s office will mail the original
to you and a copy to our office. |
| 3. |
Call our
office when you receive your written decision. Remember, we
might not have received our copy yet, so we might have to call
you back to discuss the decision. |
| 4. |
If you
have to be admitted to the hospital or some other major development
occurs regarding your health while we are waiting for a decision
in your case, please let us know as soon as possible. |
| 5. |
If we
win, you will not be paid until approximately three months from
the date of the Judge’s decision. We will send you a latter
once we received the decision to let you know what happens next.
You should also receive a detailed letter from the Social security
office explaining your benefits. |
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